Parties

The BUYER (hereinafter referred to as “You,” “Client,” or “Payer”). The SELLER, THE WEB PENGUIN, LLC a Florida Limited Liability Company (hereinafter referred to as “Us,” “We,” “Me,“ or “I“).

Electronic Consent

In lieu of this electronic “Terms of Use” statement, you have a right to request a paper copy of these “Terms of Use” before signing up. If you would like a paper copy, please contact me at 407-579-5531 and I will send you a paper copy via mail or email.

Terms of Service

1. Standard Terms of Service: These are standard Terms of Use for all web, print, and graphic design work as created by THE WEB PENGUIN, LLC for its clients.
2. Fees and Deposits: All projects $800 or less require immediate payment once the client has approved the design, so that development may begin. Otherwise, payments will be broken into 2 or 3 equal payments, at my discretion, which will coincide with the start, midpoint, and/or product launch on our design timeline. I reserve the right to not commence work until each payment has been made in full. The initial payment is required to begin the design process, and start the timeline. The final payment shall be required to deploy the website or launch design, and provide the client all necessary design ownership material. All services are to be paid in U.S. Dollars, and we gladly accept payment via PayPal. The final payment represents the clients reasonable satisfaction, and allows us to release your design for product launch and/or deployment.
3. Refunds: I strive to provide the best design and design experience possible. I will do everything in my power to make sure that my clients have a positive adventure working with The Web Penguin. If at any point you are not pleased, you are free to discontinue moving forward with any design. 100% of your payment, minus applicable processing fees, will be refunded if requested within 15 calendar days of the date of order.
   
   Refunds are not available for domain registration fees, web hosting fees, express service clients, any delays not in my control, or for completed web and print designs.
4. Content: You must supply all content in order for your website to meet the terms of our agreement. This content includes, but is not limited to: images and graphics, logos, and print material. Any delay in providing this content may result in a delay in completion of the website or other design. In such case, I reserve the sole right to determine whether or not a reasonable extension is necessary to complete the design. If progress slows or halts due to incomplete content, I reserve the right to terminate the project, and invoice the client for any balance on the contract. If you do not have this content available, I will a) recommend photographers from my network, and/or b) provide stock images, copywritten content, and/or create graphics for an additional fee.
5. Revisions: I gladly offer clients multiple opportunities for input on the look and feel of their design, and will allow a set number of revisions, at my discretion, based on the size and scope of the project. In order to keep the momentum, I will contact you for approval before moving forward with the next phase. Any additional revision that does not coincide with the initial plan will be billed at $50/hour.
6. Client Approval: Upon completion of the phase or design, you will have the chance to review the work. If you find unsatisfactory points, you must notify me in writing within 7 calendar days of notification. Failure to notify me means that the work has been deemed approved. Once approved, or deemed approved, work cannot subsequently be rejected and the balance for completion of the phase or design will be due.
7. Client Disapproval: I will make every reasonable attempt to fix, and/or redesign disapproved areas to achieve the desired product. If my attempts to remedy the areas of concern result in repeated rejection by the client, and I have reasonably explored other solutions, I reserve the right to treat this phase or design as complete. At my discretion, I may take measures to recover payment for the contracted work.
8. Project Delays and Client Liability: In order to provide a complete and polished product, client cooperation and communication are key. I require that one person serves as my contact, and that person shall be available during agreed upon hours. If progress is slowed, incomplete, or halted due to, but not limited to, client inaction, unavailability, or not offering approval in a timely manner, The Web Penguin will not be held responsible for the state of the project.
9. Payment: Upon completion of the 7-day review period, the client will receive an invoice for the balance of the appropriate phase or completed design. Your card will never be charged without your permission. Any works created by The Web Penguin will not be released until the final payment is made. The client unconditionally and personally guarantees all payments. If collection becomes necessary, the client agrees to pay all fees (including all attorney’s fees and court costs) incurred by the collections process.
10. Discounts, Promotions, and Referrals: I proudly offer special rates for active and retired military personnel (12% off), Students (10% off), and repeat clientele (10% off). Occasionally, discounts may be advertised on the website. This price will be honored for 7 calendar days after the discount ends. Special rates, discounts, and promotions can not be combined.
    
    When a new client completes and launches a design from The Web Penguin that comes as a result of a recommendation, the person that made the recommendation earns a referral bonus. This bonus is equivalent to 10% of the total cost, but will not exceed a payout of more than $100. The referral bonus shall be a one-time payment paid, at The Web Penguin's discretion, in the form of a gift card or cash, and shall be paid within 60 days of final payment of referred client.
11. Copyrights and Trademarks: The client agrees to obtain all necessary permissions to use any registered works and/or intellectual property, including, but not limited to, images, logos, or trademarks for any material provided to us for your web or print design. The Web Penguin shall be indemnified, held harmless, and without fault from claims or legal action due to the content of your site.
12. Ownership: Once your final payment is received, and the design is launched, you own the product and are free to use, or modify its content as you wish. Backing up the website will be your responsibility, however I will provide a zip drive or disk upon completion that includes your website or logo, and the appropriate files which represent the product in its original state. I will also provide your account information for domain registration and hosting fees that we purchase on your behalf. These fees will be added to your initial payment in order to reimburse the incurred expenses.
    
    Should you decide to maintain your own website, I will provide, at no additional charge, up to a one hour tutorial on how to use it. I will show you how to perform the upgrades, how to post information to blog pages, etc. After one hour, the continuing rate is $50/hour in one hour increments.
    
    My request is that you allow me to include your design in my company portfolio and the appropriate galleries. This includes a direct link from my gallery to your site or design, a “proudly created by: The Web Penguin” link in the footer of each page of your website to this company website, or any digital or print display of my work, to be used at my sole discretion.
13. 30-day Site Monitoring: For thirty (30) days after your site is deployed and launched, I will debug and/or repair site functions that performed, but lost functionality. I will repair broken links, and ensure that the site runs smoothly and efficiently. After thirty (30) days, I will continue with site monitoring and webmaster duties for a fee.
14. Webmaster and Maintenance Plan: Additional coverage is available for debugging and programming issues. With the maintenance plan, I will perform updates and make sure that your site works at the optimum level. If you have a programming issue, your issue gets priority service and moved to the front. I will also handle support communications with the domain and/or site hosting provider to resolve issues. Coverage may be purchased at an annual rate of $1000 for twelve (12) months, or $500/month for six (6) months. The maintenance plan only applies to sites designed and created by The Web Penguin, and clients who decline coverage will be subject to a service fee of $50 per half hour, billed in full 30 minute increments at the time of service. ** Any third-party access or changes to the website before service without authorization from The Web Penguin, LLC may result in additional fees or maintenance plan cancellation **
    
    Please provide 30 days notice AND email a written statement to cancel the maintenance plan. Plans are cancellable within 30 days of payment, and prorated refunds are not available.
    
    Protection Plans do not cover new or additional content, functions, and pages that may be desired by the client. Those services are available for an additional fee.
15. Disclaimer: The Web Penguin does not warrant that any functions contained within the web design will continue uninterrupted or error-free. Neither the company nor I will be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by negligence, weather, natural disaster, issues with the hosting service, or other circumstances outside of our control, any lost profits, savings and investments, or other incidental, consequential, punitive, or other damages arising out of the ability or inability to operate the website, failure of the service provider, internet servers, your or your site visitor’s computer or Internet software, even if The Web Penguin has been advised of the possibility of said damages.
16. Consequential losses: We shall not be held liable for any loss or damage that occurs which is attributed to delay in performance or completion of our agreement, however said delays may arise.
17. Search Engine Results: All websites created by The Web Penguin adhere to the best practices for development as determined by the World Wide Web Consortium (W3C), and Google for search engine optimization. However, we do not guarantee specific placement results for your website. Additional services can be added, for a fee, to further optimize and improve results when a prospect searches for your website.
18. Subcontract: Although a rare event, we do reserve the right to subcontract any services that we have agreed to perform for you as we deem necessary.
19. Additional Fees: The client agrees to reimburse us for additional costs outside the scope of our initial agreement. These expenses include, but are not limited to additional pages, stock images, domain name registration, web hosting, SEO and/or similar expenses. These additions must be paid immediately at the time of your request.
20. Right of Refusal: The Web Penguin, LLC reserves the right to refuse or end service to anyone for any reason where not prohibited by law. I will not tolerate nor condone any behavior that I perceive to be threatening or disruptive to my work environment, or that endangers our designer/client relationship. Any act or communication deemed to be hostile and offensive, such as harassment, intimidation, and/or coercion whether in person, via email, phone, or any other medium provides immediate grounds for project termination. No refund will be provided in such instance.
21. Governance: Regardless of the location of this agreement, you agree that this contract is under the laws of the state of Florida where venue is concerned. All disputes will be litigated and arbitrated in Florida, and you hereby consent to the personal jurisdiction of the Orange County, Florida Courts.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.